Legal Opinion
In Re Bailey
Supreme Court of North Carolina
Decided October 26, 1932PublishedCited by 15 opinions
1Opinion of the CourtBrogden, J.
When a writ of habeas corpus has been issued to inquire into the legality of an arrest on a warrant of extradition, what is the function of the hearing judge and the legal effect of his findings of fact?
C. S., 2234, defines the duty of the judge before whom the writ is returnable, and also, prescribes the scope of the hearing. He shall immediately (a) “examine into the facts contained in such return and into the cause of the confinement;(b) “and if issue be taken upon the material facts, ... or other facts are alleged to show that the imprisonment ... is illegal”;(c) “the . . . judge shall…
2Cases cited8 opinions
- Munsey v. CloughSupreme Court of the United States · 1905
- Hyatt v. People Ex Rel. CorkranSupreme Court of the United States · 1903
- In Re HamiltonSupreme Court of North Carolina · 1921
- In Re HayesSupreme Court of North Carolina · 1931
- State v. . HerndonSupreme Court of North Carolina · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- South Carolina v. BaileySupreme Court of the United States · 1933
- Ray S. Bailey v. Ellis C. MacDougall Director of the South Carolina Department of CorrectionsCourt of Appeals for the Fourth Circuit · 1968
- Bailey v. MacDougallSupreme Court of South Carolina · 1965
- Hale v. CrawfordCourt of Appeals for the First Circuit · 1933
- State v. LeachCourt of Appeals of North Carolina · 2013
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